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ACN & ANOR.
V.
PETER & ORS.

(2011) JELR 48512 (CA)

Court of Appeal 14 Dec 2011 Nigeria
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Case Details

Suit Number:CA/EPT/EK/04/2011
Judges:SOTONYE DENTON-WEST Justice of The Court of Appeal of Nigeria TOM SHAIBU YAKUBU Justice of The Court of Appeal of Nigeria OBANDE OGBUINYA Justice of The Court of Appeal of Nigeria
Counsel:Niyi Idowu, Esq., (With him is Lawal Alabi, Esq., for 1st and 2nd Appellants)Oso Adetunji, Esq., With S.B. Oladeinde for 3rd and 4th Respondents/Cross-Appellants. For Appellant Obafemi Adewale, Esq; (With Sesan Akinola, Esq., Prince Gbadebo Ibuoye, Ajide Olayemi Esq., Joseph Ogunsemi, Esq., Ezekiel Agunbiade, Esq., Bunmi Olugbade, Esq., Abi Inalegwu (Miss),Yemi Adewumi, Esq.,for 1st and 2nd Respondents/Cross-Respondents For Respondent

REASONS FOR JUDGMENT

TOM SHAIBU YAKUBU, J.C.A (Delivering the Leading Judgment): On 17th November, 2011, I dismissed this appeal and pursuant to section 9(8) of the second Alteration No.2 of 2010 of the 1999 Constitution of the Federal Republic of Nigeria, (as amended), and reserved the reasons therefore to a future date. The said reasons are hereby given:

The 1st and 2nd Respondents had filed a petition at the Ekiti State National and State House of Assembly Elections Petition Tribunal, sitting at Ado-Ekiti, whereby they complained of the unlawful exclusion of the 1st Respondent who had been validly nominated to contest election into the office of Member, House of Representatives, representing Ekiti Central Federal Constituency of Ekiti State.

And that the election in respect of the Ekit i Central II Federal Constituency held on 26th April, 2011 and which produced the 2nd Appellant as the winner was invalid and vitiated by reason of the unlawful exclusion of the petitioners/1st and 2…

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